IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.62 of 2025 Arising Out of PS. Case No.-286 Year-2014 Thana- MUFFASIL District- Aurangabad ====================================================== Nikhil Kumar Singh @ Shailesh Kumar Singh S/o- Vijay Singh @ Bijay Singh Village- Ganghar PS- Mali District- Aurangabad ... ... Petitioner/s Versus 1. The State of Bihar 2. Mamta Devi W/o- Raj Kishor Singh Village- Jitwa Noniya Bigha PS- Nabinagar District- Aurangabad, A/P- Jagriti Bihar, Ratanua East Side of School Ps- Aurangabad Dist- Aurangabad ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the State : Mrs. Asha Kumari, APP For the Informant : Mrs. Vaishnavi Singh, Advocate Mr. Pursottam Kumar, Advocate Mr. Anshu, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 6 10-04-2025 The petitioner has prayed for revisiting the order passed by the learned Special Judge, Children Court, Aurangabad in Cr. Appeal No.55 of 2024 arsing out of Aurangabad Muffasil P.S. Case No.286 of 2014 (J.J.B. No. 1372/2024) on the ground of Juvenility of the petitioner. 2. It is contended on behalf of the learned Advocate for the petitioner that after 17 days of the death of the deceased, his wife made a statement before the police that her husband died by drowning. Subsequently, she lodged a complaint before the learned Chief Judicial Magistrate implicating the CICL on the basis of which Aurangabad Muffasil P.S. Case No.286 of Patna High Court CR. REV. No.62 of 2025(6) dt.10-04-2025 2/3 2014 dated 05.11.2014 was registered under Sections 364, 364A, 365/34 of the Indian Penal Code. 3. It is contended on behalf of the petitioner that on the date of the alleged occurrence, the petitioner was 17 years 04 months and 09 days, it is ascertained from the order passed by the J.J.B. Aurangabad that the J.J.B. held the petitioner as juvenile on the basis of his date of birth recorded Bihar School Examination Board. 4. On perusal of the document, I do not find as to whether the learned Magistrate, J.J.B. made an enquiry as to how and what basis the date of birth of the petitioner was recorded in the certificate issued by Bihar School Examination Board. Such recording might be made by way of self declaration or on the basis of the record kept in the school, where the petitioner used to read. The Board did not ascertained the authenticity and veracity of recording of date of birth of the petitioner in the certificate issued by the Bihar School Examination Board, without making such enquiry, it is absolutely wrong for the learned Magistrate to hold the petitioner a juvenile. 5. For the reasons stated above, I am not in a position to affirmed the impugned order as well as order passed by the Patna High Court CR. REV. No.62 of 2025(6) dt.10-04-2025 3/3 J.J.B. Aurangabad. 6. J.J.B. Case No.1372/2022 be remanded to the Board with a direction to cause an enquiry regarding the date of birth of the petitioner. Such enquiry shall be made within two months from the date of communication of this order. 7. On the basis of such finding regarding juvenility of the petitioner after enquiry as directed by this Court, the Board is at liberty to here-out and dispose of the application for bail afresh, filed by the petitioner within the stipulated period of time. 8. With the above order, the instant criminal revision is disposed of. mdrashid/- (Bibek Chaudhuri, J) U T